Have been married for 16 years. My soon to be ex was in the military prior to our marriage. While in the military, he suffered an injury that resulted in permanent hearing loss in one ear. He filed for disability income a couple of years after we were married and finally started receiving payments last year. Am I entitled to a portion of the disability income under the equitable distribution?
In equitable distribution, no, you would not be entitled to any of his disability payments since the payments are related to an injury sustained before the date of marriage. Therefore, the disability payments are his separate property.
You may be able to argue that his disability payments are income, rather than property, for child support and/or alimony purposes.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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